Startrack Express Pty Ltd trading as Startrack

[2025] FWCA 2158

[2025] FWCA 2158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Startrack Express Pty Ltd trading as Startrack

(AG2025/1822)

STARTRACK - TRANSPORT WORKERS’ UNION ENTERPRISE AGREEMENT 2025

Road transport industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 11 JULY 2025

Application for approval of the StarTrack - Transport Workers’ Union Enterprise Agreement 2025

Introduction

1. Startrack Express Pty Ltd trading as Startrack has made an application for approval of an enterprise agreement known as the StarTrack-Transport Workers’ Union Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement covering two employers namely StarTrack Express Pty Ltd and StarTrack Retail Pty Ltd (the Employers). The Employers are wholly owned subsidiaries of the Australian Postal Corporation and are therefore related bodies corporate under s.172(5A)(b) of the Act.

1. The Agreement will apply to employees who are covered by either the Road Transport and Distribution Award 2020 or the Manufacturing and Associated Industries and Occupations Award 2020.

1. The Transport Workers' Union of Australia (TWU) was a bargaining representative for the Agreement.

Amendments to the Agreement

1. During the approval process, the Employers identified several typographical errors, each of which they submit are obvious errors, or otherwise (if uncorrected) would amount to defects/ irregularities within the Agreement. 

1. The Employers submit that the errors are as follows:

a.   At clause 33.4(b)(i), the Agreement included the Team Leader allowance rate which currently applies under the StarTrack – Transport Workers’ Union Enterprise NSW/ACT Agreement 2021 (the 2021 Agreement), rather than the increased rate that is intended to apply (and will be applied) under the Agreement.  This was a transposition error that arose during drafting.

b.   Clause 49.3 was invertedly indented such that it was renumbered as a paragraph to subclause 49.2 rather than appearing as a stand-alone subclause as intended.  The Employers seek a variation which is intended to bring the clause numbering in line with the source instrument for this wording, clause 55.3 of the 2021 Agreement.

c.   Clause 1.6 was inserted into Appendix F of the Agreement late in the drafting process and the automatic clause reference within subclause 1.7.5 was not updated from ‘1.6.4’ to ‘1.7.4’.  This is a typographic error arising out of a technical glitch.

d.   Clauses 1.4.2 and 1.4.3 of Appendix G contain a variety of cross-referencing errors where references of 1.3.2 & 1.3.3 should read as 1.4.2 & 1.4.3. This is a typographic error arising out of a technical glitch.

1. The Employers filed an amended Agreement which corrects these errors. The TWU does not object to the Commission amending the Agreement in the terms sought by the Employers. I consider it appropriate in the circumstances to allow amendments to the Agreement and do so pursuant to s.586(a) of the Act in the terms sought by the Employers.

National Employment Standards (NES) issues

1. The Commission raised a concern with the Employer that clause 49.2(c) may be inconsistent with the NES. Clause 49.2(c) provides that an employee who, without the consent of the Company or without reasonable cause, is absent from work on the day before or the day after a public holiday is not entitled to any payment for such public holiday. I note that in accordance with the NES precedence term in clause 6.1 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Section 183 Bargaining Representatives

1. The TWU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the TWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2025. The nominal expiry date of the Agreement is 1 September 2027.

DEPUTY PRESIDENT

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